WHAT IS ADMINISTRATIVE SURVEILLANCE TERMINATION?

(2) (Amended: 6/12/2019-7196/77th Art.) Of those for whom a deportation decision has been taken; the governor’s office about those who are at risk of escaping and disappearing, who violate the rules of entry or exit to Turkey, who use fake or unfounded documents, who do not leave Turkey within the given time without an acceptable excuse, who pose a threat to public order, public security or public health. administrative detention decision is taken or alternative obligations are brought to administrative detention pursuant to Article 57/A. Foreigners for whom an administrative detention decision has been taken are taken to removal centers within forty-eight hours by the law enforcement unit that made the arrest.

(3) The administrative detention period in removal centers cannot exceed six months. However, this period can be extended for a maximum of six months if the deportation process cannot be completed due to the foreigner’s failure to cooperate or provide correct information or documents about his/her country.

(4) (Amendment: 6/12/2019-7196/77 art.) Whether it is necessary in the continuation of administrative surveillance is regularly evaluated by the governorship every month. When necessary, a period of thirty days is not expected. Administrative detention is terminated immediately for foreigners who are not required to continue the administrative detention. Alternative obligations to administrative detention are brought to these foreigners in accordance with Article 57/A.

(5) The administrative detention decision, the extension of the administrative detention period and the results of the monthly evaluations are notified to the foreigner or his/her legal representative or lawyer together with the reason. At the same time, if the detainee is not represented by a lawyer, he or his legal representative will be informed of the outcome of the decision, appeal procedures and deadlines.

(6) The person under administrative detention or his legal representative or lawyer may apply to the criminal judge of peace against the administrative detention decision. The application does not stop the administrative detention. In case the petition is submitted to the administration, the petition is immediately delivered to the authorized criminal judge of the peace. The peace judge concludes the examination within five days. The decision of the magistrate is final. The person under administrative detention or his/her legal representative or lawyer may apply to the magistrate again with the allegation that the conditions of administrative detention have disappeared or changed

(7) Among those who apply to the judiciary against administrative detention and cannot afford to pay their attorney’s fees, attorneyship services are provided, upon their request, in accordance with the provisions of the Attorneyship Law No. 1136, dated 19/3/1969.